HB 372: Child Welfare Changes - Utah

Substitute #5 → Enrolled · 5 edits · Mar 18, 2026

MODERATE

The bill updates the definitions of key terms across child welfare and juvenile justice statutes to ensure consistency, particularly clarifying the roles of guardians ad litem and the scope of 'minor' for those aged 18-21. It establishes a new Office of Guardian Ad Litem with specific duties to represent minors' best interests independently from the Division of Child and Family Services. The bill also refines the definition of 'abuse' to explicitly include human trafficking and parental death, while maintaining exclusions for reasonable discipline. Finally, it sets a new effective date of May 6, 2026, for these changes.

Scope change

The bill expands the scope of the 'minor' definition to include individuals aged 18-21 under specific juvenile court jurisdiction and creates a new state office dedicated to the Guardian Ad Litem program, separating it from the Division of Child and Family Services.

REQUIREMENT

Created a new Office of Guardian Ad Litem with a dedicated director and staff to independently represent minors' best interests in abuse, neglect, and dependency cases.

DEFINITION

Updated the definition of 'minor' to include individuals aged 18-21 who are under juvenile court jurisdiction due to prior abuse/neglect or adjudication for an offense.

Refined the definition of 'abuse' to explicitly include human trafficking and the intentional or reckless causing of death to another parent of the child.

Clarified and standardized definitions for terms like 'guardian ad litem', 'attorney guardian ad litem', and 'private attorney guardian ad litem' across multiple sections.

TIMELINE

Changed the effective date of the bill from February 23, 2026, to March 6, 2026.

Introduced → Substitute #1 · 6 edits

MODERATE

This bill significantly updates Utah's child welfare laws to better protect minors by shifting the focus from solely determining a 'best interest' to also representing a minor's 'expressed interests' for children aged 8 and older. It establishes a new oversight committee to monitor the Guardian ad Litem program, mandates video recording of interactions with children under 14, and clarifies the roles of public and private attorneys representing minors in court.

Scope change

The bill expands the scope of representation for minors in court, requiring attorneys to advocate for the child's specific wishes when the child is at least 8 years old, in addition to the traditional 'best interest' standard.

REQUIREMENT

Created a new Guardian ad Litem Oversight Committee to supervise the program, evaluate its effectiveness, and review case records.

Changed the duty of attorney guardians ad litem to represent the 'expressed interests' of minors aged 8 and older, rather than just their best interest.

Mandated that attorney guardians ad litem video record all interactions with minors under the age of 14.

Added specific requirements for attorney guardians ad litem to inform the court at every hearing about the minor's wishes and the date of their last interaction with the child.

Required attorney guardians ad litem to communicate both the minor's expressed wishes and their professional determination of the best interest to the court when they differ.

DEFINITION

Updated definitions across multiple statutes to align with the new dual standard of representing both best interests and expressed interests.

Substitute #4 → Substitute #5 · 6 edits

MODERATE

This bill updates Utah's child welfare laws to clarify how attorney guardians ad litem represent minors, specifically requiring them to represent a minor's 'expressed interest' rather than just their 'best interest' once the child turns 12. It also establishes a new Guardian ad Litem Oversight Committee to monitor the program's effectiveness and strengthens protections for fatality review documents to prevent them from being used as evidence in court.

Scope change

The bill expands the scope of the Guardian ad Litem Oversight Committee by adding new member categories, including individuals with lived experience in the foster care system, and clarifies the transition in representation duties based on a minor's age.

REQUIREMENT

Requires attorney guardians ad litem to represent the expressed wishes of minors aged 12 and older, while continuing to represent the best interest of minors under 12.

Mandates that attorney guardians ad litem inform the court at every hearing about the minor's expressed wishes and the date of their last interaction with the minor.

Creates a new Guardian ad Litem Oversight Committee with seven new members, including advocates with lived experience as parents or children in the foster care system.

Updates the definition of 'expressed interest' to include goals, desires, outcomes, or wishes that a minor has expressed.

Requires the attorney guardian ad litem to notify the court if the minor's expressed wishes conflict with the attorney's assessment of the minor's best interest.

ENFORCEMENT

Clarifies that fatality review documents are not admissible as evidence in civil, judicial, or administrative proceedings to protect privacy.

Substitute #3 → Substitute #4 · 6 edits

MODERATE

This bill modifies Utah's child welfare laws to strengthen the role of attorneys appointed as guardians ad litem (GALs) and improve fatality review transparency. Key changes include establishing a new oversight committee for GALs, requiring attorneys to report a minor's expressed wishes at every hearing, and clarifying that fatality review documents should not be fully redacted. The bill also updates definitions and appointment procedures to ensure minors' voices are heard more consistently in court.

Scope change

The bill expands the scope of oversight for the Office of Guardian ad Litem by creating a new committee and clarifies the duties of attorneys representing minors in abuse, neglect, and dependency cases.

REQUIREMENT

Created a new Guardian ad Litem Oversight Committee with specific membership requirements to oversee the statewide program and evaluate its effectiveness.

Changed the primary duty of attorney guardians ad litem to include representing the minor's expressed wishes, particularly for minors aged 12 and older, alongside the best interest of the child.

Mandated that attorney guardians ad litem inform the court at every hearing of the minor's expressed wishes and the date of their last interaction with the minor.

Required courts to bifurcate issues when appointing attorney guardians ad litem in divorce or custody cases to minimize time constraints and ensure focused representation.

ENFORCEMENT

Clarified that fatality review documents and reports should not be fully redacted and are not subject to discovery or subpoenas in civil proceedings.

DEFINITION

Updated definitions in multiple sections to align with new terminology regarding attorney guardians ad litem and the Office of Guardian ad Litem.

Substitute #2 → Substitute #3 · 5 edits

MODERATE

This bill modifies Utah's child welfare laws to strengthen the role of guardians ad litem by requiring them to represent a minor's expressed wishes rather than just the 'best interest' for children aged 8 and older. It also establishes a new oversight committee to monitor the program, mandates video recording of interactions with minors under 14, and clarifies that fatality review reports should not be fully redacted to improve transparency.

Scope change

The bill expands the scope of representation for guardians ad litem to include a specific duty to advocate for the expressed wishes of minors aged 8 and older, in addition to their traditional duty to determine the best interest of the child.

REQUIREMENT

Requires attorney and private guardians ad litem to communicate a minor's expressed interests to the court at every hearing for minors aged 8 and older.

Mandates that all interactions between a guardian ad litem and a minor under the age of 14 must be recorded via video and audio.

Creates a new Guardian ad Litem Oversight Committee to evaluate the program's effectiveness and ensure compliance with state and federal laws.

Clarifies that fatality review reports and responses should not be fully redacted, allowing for greater transparency while still protecting specific identifying information.

Updates the duties of the Office of Guardian ad Litem director to include managing the new oversight committee and developing policies for the statewide program.

Substitute #1 → Substitute #2 · 6 edits

MODERATE

This bill significantly changes how child welfare cases are handled by requiring guardians ad litem to represent the expressed wishes of minors aged 8 and older rather than just their 'best interest,' mandates video recording of interactions with children under 14, and creates a new oversight committee to monitor the program. It also clarifies that fatality review reports should not be fully redacted to ensure transparency.

Scope change

The bill expands the scope of guardian ad litem duties to include representing specific wishes for older minors and introduces new recording requirements, while adding a new oversight committee to the existing framework.

REQUIREMENT

Guardians ad litem must now represent the expressed interests of minors aged 8 and older, whereas previously they focused solely on the 'best interest' of the child.

Attorneys acting as guardians ad litem must video record all interactions with minors under the age of 14.

Guardians ad litem must inform the court at every hearing of the minor's expressed wishes and the date of their last interaction with the minor.

OVERSIGHT

A new Guardian ad Litem Oversight Committee is established to evaluate the program's effectiveness and ensure compliance with laws.

ENFORCEMENT

The bill clarifies that fatality review reports submitted to oversight panels should not be fully redacted, allowing for greater transparency in reviewing deaths.

DEFINITION

Several code sections were updated to reflect the new distinction between representing a child's 'best interest' versus their 'expressed interest' based on age.

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